Does the house bought by the husband s family before marriage not have a real estate certificate and

1. If you buy a house before marriage and the house payment is paid in full, it is counted as personal premarital property, and you will not participate in the division of joint property between husband and wife when you divorce.

2. If the down payment is made before marriage, and the rest is mortgaged, and the name of one party (or their parents is added) on the real estate ownership certificate, the property itself is personal pre-marital property, but the mortgage part paid after obtaining the certificate belongs to the joint property of the husband and wife, and the division can be requested in the event of divorce.

The above regulations seem to be fair, but when it is really implemented, it has encountered great trouble, and many men do not understand why the house provided by their whole family should be divided into half of the woman when they divorce? Now the house is the main property of a family, and if you want to divide it in two, then the only way is to sell the house, but if you sell the house, you will never be able to afford it. It is precisely because there are too many similar disputes that the new judicial interpretation of the Marriage Law has adjusted this, and the relevant provisions are as follows.

1. Regardless of before or after marriage, if the house purchased by the parents is registered in the name of their children, it will be recognized as personal property and does not belong to the joint property of the husband and wife.

2. The house bought before marriage and registered in your own name is personal property and will not be distributed at the time of divorce.

3. The house bought before marriage, the appreciation part of the house after marriage has nothing to do with the spouse.

4. If the house bought before marriage is registered in your own name, if the husband and wife repay the loan together, the other party's repayment part should be considered for compensation when you divorce.

5. The man bought a house before marriage, and after marriage he sold the house without authorization, if his wife wants to recover the house, the court will not support it.

6. After marriage, when the husband and wife participate in the purchase of one of the parents' houses with joint property, the house belongs to the personal property of one party after the divorce and does not participate in the division of property.

The current judicial interpretation of the Marriage Law depends on who contributes more money and supports whomever he supports. If the man pays to buy a house, then the house is the man's personal property, and he does not participate in the division of joint property during the divorce, and the future appreciation of the house has nothing to do with the woman.

Because it is pre-marital property, it is not the joint property of the husband and wife after marriage.

According to the current marriage law, this is personal property before marriage.

Buying a house before marriage is not the joint property of the husband and wife, but the property of one of the spouses. Unless the name is on the title deed.

According to Article 18 of the Marriage Law:

In any of the following circumstances, it is the property of one of the husband and wife:

1. One party's pre-marital property;

2. Medical expenses, living allowances for the disabled, and other expenses obtained by one party due to bodily injury;

3. The property that is determined in the will or gift contract to belong to only one of the husband or wife;

4. Daily necessities for one party;

5. Other property that should belong to one party.

1. If one party buys a house before marriage and pays off all the house payments, it belongs to one party's pre-marital property and property demolition. The Marriage Law stipulates that the pre-marital property of one party is the property of one of the spouses.

The judicial interpretation (1) of the Supreme People's Court on the Marriage Law also stipulates that the property owned by one of the husband and wife shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Since one of the spouses has paid the full amount of the house before the marriage and obtained the title deed, the house is undoubtedly a pre-marital property.

2. The house purchased by one party with personal property after marriage belongs to the property of Yimo Lufang. 3. The husband and wife make a one-time contribution after marriage and divorce after obtaining the house ownership certificate. According to article 17 of the Marriage Law, the property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife.

As long as the husband and wife have not expressly agreed in advance that the property rights belong to one of the parties, regardless of which party is the buyer or the owner of the house on the purchase contract or house ownership certificate, regardless of whether the co-owner is stated in the house purchase contract or house ownership certificate, and regardless of the share of capital contribution of the husband and wife in the two houses, the property belongs to the husband and wife jointly. 4. If a house is rented by one party before marriage and purchased with joint property after marriage, and the house ownership certificate is registered in the name of one party, it shall be recognized as the joint property of the husband and wife. According to the basic principles of the Marriage Law and the provisions of the Supreme People's Court's judicial interpretation (II) of the Marriage Law, this type of house is still acquired during the existence of the marital relationship and is purchased with the joint property of the husband and wife, and shall be recognized as the joint property of the husband and wife.

5. The house (including loans) purchased by the husband and wife with their joint property after marriage shall belong to the joint property of the husband and wife, and shall generally be divided equally in the event of divorce. In the case of subdivided mortgage property, because there is also the problem of continuing to repay the bank loan, one of the parties acquires the property and continues to repay the loan principal and interest to the bank, while paying the other party half of the value of the house. 6. If the down payment and loan repayment part of the husband and wife before marriage are owned by one person, the house belongs to the personal property of this person, and the part of the loan repayment after marriage can be regarded as the joint property of the husband and wife, and half of the husband and wife are each other.

If the inheritance given by your parents also belongs to your personal property, you don't have to pay too much when accepting the inheritance or gift, but if you want to house ** in the future, you will have to pay a heavier inheritance gift tax.

Article 1062 of the Civil Code The following property acquired by a husband and wife during the existence of a marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (iii) proceeds from intellectual property rights; (4) Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Legal analysis: The house you bought before marriage is not considered joint property, unless the house you bought before marriage is sold, and the house you buy again is considered joint property, so even if you buy the house in your personal name after marriage, it is considered joint property, and you must show your marital status before buying. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife.

Husbands and wives have equal rights to dispose of jointly owned property. The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse.

Legal basis: Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

(2) Income from production, operation and investment;

(iii) proceeds from intellectual property rights;

(4) Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law;

(5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that should be owned by one party in a disorderly manner.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

1.Before the marriage, the husband has already purchased, paid off the house and has ownership of the house is not the joint property of the husband and wife. 2.

If a house purchased by one of the parents for the child fails at the expense of the child, and the property right is registered in the name of the funder's child, it shall be regarded as a gift to only one of the children, and the house shall be recognized as the personal property of one of the husband and wife. 3.If the husband signs a contract to buy a house before marriage and pays the down payment with personal property, if he repays the loan with the joint property of the husband and wife after marriage, and the house is registered in the name of the down payment house, it can be dealt with by agreement first.

Legal basis

Article 1062 of the Civil Code The following property acquired by a husband and wife during the existence of a marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (iii) proceeds from intellectual property rights; (4) Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

If the property owner purchases a house before marriage and completes the substantive requirements for obtaining the property right of the house, even if the real estate certificate is issued after the marriage, it will not belong to the joint property of the husband and wife. "Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife.

Article 1062 of the Civil Code of the People's Republic of China The following property acquired by the husband and wife during the period of marriage is the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) Wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the income from the grinding of intellectual property rights; (4) Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.